Laserfiche WebLink
<br />interfere with the operation of Tenant's business or its rights under the Lease. In the event of a conflict between the <br />rules and regulations and the Lease, the Lease shall prevail. <br /> <br />38. POWERING DOWN DURING MAINTENANCE/REPAIR. (Not applicable to fi'ee- <br />standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications <br />Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth <br />by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental <br />Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards <br />promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of <br />LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to <br />LESSEE using the information in Exhibit "E" (as applicable). <br /> <br />39. <br /> <br />TERMINATION. <br /> <br />a. Compelled T errnination: If, during the Lease term, there is a determination made pursuant to an <br />unappealable order of a county, state, or national governmental health agency having proper jurisdiction that LESSEE's <br />use of the Premises poses a human health hazard which cannot be remedied, then LESSEE shall immediately cease all <br />operations on the Premises and this Lease shall terminate as of the date of such order. In the event the Federal <br />Communications Commission, or any successor agency, makes a determination which is final and non-appealable or <br />which is affirmed and becomes final after the exhaustion of all available appeals concluding that the LESSEE's use <br />as set forth in this Agreement presents a material risk to the public health or safety, LESSOR may terminate this <br />Agreement upon fourteen days notice to LESSEE. <br /> <br />b. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE <br />does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively <br />"approval") reasonably desired by LESSEE or required ITom any governmental authority or any third party related to <br />or reasonably necessary to operate the Facility, or if any such approval is canceled, expires or is withdrawn or <br />terminated without any fault of LESSEE, or (ii) if LESSOR fails to have proper ownership of the Premises or the <br />authority to enter into this Agreement, or (iii) after the first 10 years, only with twelve (12) months' written notice to <br />LESSOR or (iv) by LESSEE if LESSEE is unable to occupy and utilize the Premises due to an action of the FCC, <br />including without limitation, a take back of channels or change of ITequencies; or (v) by LESSEE if any <br />environmental report for the land reveals the presence of any Hazardous Materials after the term Commencement <br />Date; or (vi) by LESSEE if LESSEE determines that the Premises are not appropriate for its operations for <br />technological reasons, including, without limitations, signal interference. Upon termination, all prepaid rent shall be <br />retained by LESSOR, unless termination is pursuant to (ii) above or is the result of LESSOR's default. <br /> <br />c. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its <br />obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to <br />LESSEE and reasonable time to cure. <br /> <br />40. <br /> <br />WAIVER OF LESSOR'S LIENS <br /> <br />a. LESSOR waives any lien rights it may have concerning the LESSEE'S Facilities, all of which <br />are deemed LESSEE'S personal property and not fixtures, and LESSEE has the right to remove the same at any time <br />without LESSOR'S consent. <br /> <br />b. LESSOR acknowledges the LESSEE has entered into a financial arrangement including <br />promissory notes and financial and security agreements for the financing of the LESSEE'S equipment (Collateral) <br />with a third party financing entity (and may in the future enter into additional financing aITangements with other <br />financing entities). In connection therewith, LESSOR (i) consents to the installation of the Collateral; (ii) disclaims <br />any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt fi'om <br />execution, foreclosures, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral <br />may be removed at any time without recourse to legal proceedings. <br /> <br />CA7007D Lease 8-11-04 tg rg <br /> <br />AY <br />G"Z. <br /> <br /> <br />10 <br />